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Privatization and the Public Right to Know

The drafters of the APA and FOIA did not foresee the privatization revolution that would besiege government. Thus, the drafters did not make it clear whether the FOIA is to be applied to the myriad of private parties that provide services to, and receive funding from, the federal government. Clearly, the accountability objective of the FOIA can be undermined if private parties performing governmental functions are exempt from the FOIA. This is especially troubling when governments contract services that have been traditionally considered core governmental functions, such as operating prisons. However, little public good is served by opening the laboratory records of a lone researcher who receives a small federal research grant and whose research could be threatened by premature public disclosure. The statute defines agency as any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government. Public access to information and government meetings is important to governmental accountability.